alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 04-6523

EMORY ALVIN MICHAU, JR., Petitioner - Appellant,
versus EDSEL T. TAYLOR; HENRY MCMASTER, Respondents - Appellees.
Appeal from the United States District Court for the District of South Carolina, at Greenville. Sol Blatt, Jr., Senior District Judge. (CA-03-851-6-08) Submitted: July 29, 2004 Decided: August 4, 2004 Before LUTTIG, MICHAEL, and DUNCAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Emory Alvin Michau, Jr., Appellant Pro Se. Donald John Zelenka, Chief Deputy Attorney General, Columbia, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).* Although the district court construed Michau’s post-judgment motion as being filed under Fed. R. Civ. P. 59(e), the motion was filed more than ten days after entry of the judgment denying his habeas corpus petition. Thus, the motion should have been construed as one under Fed. R. Civ. P. 60(b). See In re Burnley , 988 F.2d 1, 2 (4th Cir. 1992) (distinguishing between Rule 59(e) and Rule 60(b) motions). - 2 - PER CURIAM: Emory Alvin Michau, Jr., a state prisoner, seeks to appeal the district court’s order denying his motion to reconsider * the denial of relief on his petition filed under 28 U.S.C. § 2254 (2000). The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that his constitutional claims are debatable and that any dispositive procedural rulings by the district court are also debatable or wrong. See Miller-El v. Cockrell , 537 U.S. 322, 336 (2003); Slack v. McDaniel , 529 U.S. 473, 484 (2000); Rose v. Lee , 252 F.3d 676, 683 (4th Cir. 2001). We have independently reviewed the record and conclude that Michau has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal- 3 - contentions are adequately presented in the materials before the court and argument would not aid the decisional process.DISMISSED
III 

118TH CONGRESS 

1ST SESSION S. RES. 223 

Designating the week of May 21 through May 27, 2023, as ‘‘National Public 

Works Week’’. 

IN THE SENATE OF THE UNITED STATES 

MAY 18, 2023 

Mr. CARPER (for himself, Mrs. CAPITO, Mr. BOOZMAN, Mr. CARDIN, Mr. 

CRAMER, Mr. KELLY, Ms. LUMMIS, Mr. PADILLA, Mr. RICKETTS, Mr. 

WHITEHOUSE, and Mr. WICKER) submitted the following resolution; 

which was referred to the Committee on the Judiciary 

MAY 31 (legislative day, MAY 30), 2023 

Committee discharged; considered and agreed to 

RESOLUTION 

Designating the week of May 21 through May 27, 2023, 

as ‘‘National Public Works Week’’. 

Whereas public works professionals work around the clock to 

ensure the vital infrastructure, facilities, and services of 

communities to deliver dependable, sustainable, and resilient human needs that include the health, safety, and 

well-being of the people of the United States; 

Whereas public works infrastructure, facilities, and services 

could not be provided without the dedicated efforts of 

public works professionals who represent Federal, State, 

and local governments and private sector organizations 

throughout the United States; 


kjohnson on DSK79L0C42PROD with BILLS
2 

SRES 223 ATS 

Whereas public works professionals design, build, operate, 

and maintain the transportation systems, water infrastructure, sewage and refuse disposal systems, public 

buildings, sanitation and waste management systems, and 

other structures and facilities that are vital to the people 

and communities of the United States; 

Whereas public works first responders are the first to arrive 

and last to leave a natural disaster area or incident 

scene; and 

Whereas understanding the role that public infrastructure 

plays in protecting the environment, improving public 

health and safety, contributing to economic vitality, and 

enhancing the quality of life of every community of the 

United States is in the interest of the people of the 

United States: Now, therefore, be it 

1 Resolved, That the Senate— 

2 (1) designates the week of May 21 through May 

3 27, 2023, as ‘‘National Public Works Week’’; 

4 (2) recognizes and celebrates the important 

5 contributions that public works professionals make 

6 every day to improve— 

7 (A) the public infrastructure of the United 

8 States; and 

9 (B) the communities that public works 

10 professionals serve; and 

11 (3) urges individuals and communities through12 out the United States to join with representatives of 

13 the Federal Government and the American Public 


kjohnson on DSK79L0C42PROD with BILLS
3 

SRES 223 ATS 

1 Works Association in activities and ceremonies that 

2 are designed— 

3 (A) to pay tribute to the public works pro4 fessionals of the United States; and 

5 (B) to recognize the substantial contribu6 tions that public works professionals make to 

7 the United States. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
Exhibit 99.1

CERTIFICATIONS UNDER SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C.
1350).

THE FOLLOWING STATEMENT IS BEING MADE TO THE SECURITIES AND EXCHANGE COMMISSION
SOLELY FOR PURPOSES OF SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C.
1350), WHICH CARRIES WITH IT CERTAIN PENALTIES IN THE EVENT OF A KNOWING OR
WILLFUL REPRESENTATION.

Securities and Exchange Commission
450 Fifth Street, NW
Washington, DC 20549

      Re: Essential Reality, Inc.

Ladies and Gentlemen:

      In accordance with the requirements of Section 906 of the Sarbanes-Oxley
Act of 2002, 18 U.S.C. Section 1350, the undersigned, Steven T. Francesco, the
principal financial officer of Essential Reality, Inc. (the "Company"),
certifies that:

(1)   the Quarterly Report on Form 10-QSB of the Company for the period ended
      September 30, 2002 (the "Report") fully complies with the requirements of
      Section 13 (a) or 15 (d) of the Securities Exchange Act of 1934 (15 U.S.C.
      78m or 78o(d)); and

(2)   the information contained in the Report fairly presents, in all material
      respects, the financial condition and results of operations of the
      Company.

Dated as of this 21st day of November, 2002

                                    /s/ Steven T. Francesco
                                    Steven T. Francesco,
                                    Principal Financial Officer


                                       19
<PAGE>

THE FOLLOWING STATEMENT IS BEING MADE TO THE SECURITIES AND EXCHANGE COMMISSION
SOLELY FOR PURPOSES OF SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C.
1350), WHICH CARRIES WITH IT CERTAIN PENALTIES IN THE EVENT OF A KNOWING OR
WILLFUL REPRESENTATION.

Securities and Exchange Commission
450 Fifth Street, NW
Washington, DC 20549

      Re:  Essential Reality, Inc.

Ladies and Gentlemen:

      In accordance with the requirements of Section 906 of the Sarbanes-Oxley
Act of 2002, 18 U.S.C. Section 1350, the undersigned, Steven T. Francesco, Chief
Executive Officer of Essential Reality, Inc. (the "Company"), certifies that:

(1)   the Quarterly Report on Form 10-QSB of the Company for the period ended
      September 30, 2002 (the "Report") fully complies with the requirements of
      Section 13 (a) or 15 (d) of the Securities Exchange Act of 1934 (15 U.S.C.
      78m or 78o(d)); and

(2)   the information contained in the Report fairly presents, in all material
      respects, the financial condition and results of operations of the
      Company.

Dated as of this 21st day of November, 2002

                                    /s/ Steven T. Francesco
                                    Steven T. Francesco, Chief Executive Officer


                                       20
<Page>

                                                                       EXHIBIT 2

REPORT OF INDEPENDENT AUDITORS

TO THE SHAREHOLDERS OF
AETERNA LABORATORIES INC.

We have audited the consolidated balance sheets of AETERNA LABORATORIES INC. as
at December 31, 2003 and 2002 and the consolidated statements of operations,
deficit, other capital and cash flows for each of the years in the three-year
period ended December 31, 2003. These financial statements are the
responsibility of the Company's management. Our responsibility is to express an
opinion on these financial statements based on our audits.

We conducted our audits in accordance with Canadian generally accepted auditing
standards. Those standards require that we plan and perform an audit to obtain
reasonable assurance whether the financial statements are free of material
misstatement. An audit includes examining, on a test basis, evidence supporting
the amounts and disclosures in the financial statements. An audit also includes
assessing the accounting principles used and significant estimates made by
management, as well as evaluating the overall financial statement presentation.

In our opinion, these consolidated financial statements present fairly, in all
material respects, the financial position of the Company as at December 31, 2003
and 2002 and the results of its operations and its cash flows for each of the
years in the three-year period ended December 31, 2003 in accordance with
Canadian generally accepted accounting principles.


/s/ PricewaterhouseCoopers LLP



CHARTERED ACCOUNTANTS

Quebec, Quebec, Canada
February 25, 2004, except as to note 25 which is as of March 3, 2004



COMMENTS BY AUDITORS FOR U.S. READERS ON CANADA-U.S. REPORTING DIFFERENCES

In the United States of America, reporting standards for auditors require the
addition of an explanatory paragraph (following the opinion paragraph) when
there are changes in accounting principles that have a material effect on the
comparability of the Company's financial statements, such as the changes
described in note 3 to the consolidated financial statements. Our report to the
Shareholders dated February 25, 2004, except as to note 25 which is as of March
3, 2004 is expressed in accordance with Canadian reporting standards which do
not require a reference to such changes in accounting principles in the
auditors' report when the changes are properly accounted for and adequately
disclosed in the financial statements.


/s/ PricewaterhouseCoopers LLP


CHARTERED ACCOUNTANTS

Quebec, Quebec, Canada
February 25, 2004, except as to note 25 which is as of March 3, 2004
FLORIDA GAS TRANSMISSION CO., et al. v. TEXAS BRINE COMPANY, L.L.C., et al.

NO. 2018-CC-1858

Supreme Court of Louisiana.

January 14, 2019

Denied.
Roland Carly SAINTLOT, Appellant, v. STATE of Florida, Appellee.

Case No. 2D18-2522

District Court of Appeal of Florida, Second District.

Opinion filed December 12, 2018.

PER CURIAM.

Affirmed. *See**Saintlot v. State*, 190 So. 3d 641 (Fla. 2d DCA 2016) (table decision); *Saintlot v. State*, 97 So. 3d 227 (Fla. 2d DCA 2012) (table decision); *Steward v. State*, 931 So. 2d 133 (Fla. 2d DCA 2006) ; *Coke v. State*, 955 So. 2d 1216 (Fla. 4th DCA 2007) ; *Harris v. State*, 777 So. 2d 994 (Fla. 2d DCA 2000).

NORTHCUTT, CASANUEVA, and SALARIO, JJ., Concur.
James Brandon SMITH, Appellant, v. STATE of Florida, Appellee.

Case Nos. 5D18-1153 5D18-1171

District Court of Appeal of Florida, Fifth District.

Opinion filed December 14, 2018

James Brandon Smith, Okeechobee, pro se.

Pamela Jo Bondi, Attorney General, Tallahassee, and Allison L. Morris, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

James Brandon Smith appeals the trial court's orders summarily denying his motions for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the summary denial on all grounds except the portion of ground four of the rule 3.850 motion filed on September 2, 2015. In that motion, Smith alleged that his trial counsel was ineffective for failing to call his co-defendant, Calvin J. Tucker, as a witness at trial. Smith argues that if Tucker had been called as a witness in Smith's trial, Tucker would have said that Smith was not involved in the commission of the crime and only stated otherwise to obtain a favorable plea from the State. The trial court summarily denied this claim, finding that it lacked merit. Specifically, the court found that the motion to correct an illegal sentence filed by Tucker refuted Smith's claim that Tucker would have testified that Smith was not involved in the crime.

However, Tucker's rule 3.800(a) motion does not conclusively refute Smith's claim. Contrary to the trial court's finding, the motion does not discuss or even mention Smith's involvement in the robbery. Even if Tucker had discussed Smith's involvement in the crime in his motion to correct illegal sentence, at best this fact would create a factual dispute that would have to be resolved by an evidentiary hearing. Based upon the limited record, it cannot conclusively be said that Tucker's purported testimony would not have changed the outcome of the proceeding. Accordingly, this limited portion of ground four is reversed *708and remanded for the trial court to attach additional documents that would conclusively refute the claim or to hold an evidentiary hearing. *See, e.g.*, *Ford v. State*, 825 So.2d 358, 361 (Fla. 2002). In all other respects, the order denying Smith's motion for postconviction relief is affirmed.

AFFIRMED in part; REVERSED in part; and REMANDED.

EVANDER, LAMBERT, and HARRIS, JJ., concur.
Julie L. JONES, Secretary of the Florida Department of Corrections, T. J. Lingo, Randy Romine, and Warden Coker, Appellants, v. Derrick ALLEN, Appellee.

No. 1D18-2739

District Court of Appeal of Florida, First District.

December 28, 2018

Pamela Jo Bondi, Attorney General, and Erik Kverne, Assistant Attorney General, Tallahassee, for Appellants.

No appearance for Appellee.

Per Curiam.

DISMISSED . *Fla. Highway Patrol v. Jackson* , 238 So.3d 430 (Fla. 1st DCA 2018).

Rowe, Bilbrey, and Kelsey, JJ., concur.
EXHIBIT 11.1

Exhibit 11.1 - Computation of Earnings per Share


                                                                  March 31, 2005
        Basic:

        Net Income                                                    ($38,726)
                                                                      =========

        Average shares:
             Common shares issued                                    87,715,910
                                                                     ----------
             Average shares outstanding                              87,715,910
                                                                     ==========

        Net income per common share, basic                              ($0.00)
                                                                        =======


        Diluted:

        Net Income                                                    ($38,726)
                                                                      =========

        Average shares:
             Common shares issued                                    98,207,410
                                                                    -----------
             Average shares outstanding                              87,715,910
                                                                     ==========

        Net income per common share, basic                              ($0.00)
                                                                        =======
Exhibit 31.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER

I, Michael F. Emerson Chief Executive Officer of visionGATEWAY, Inc. (the
"Registrant"), certify that:

1. I have reviewed this quarterly report on Form 10-KSB of the Registrant;

2. Based on my knowledge, this annual report does not contain any untrue
statement of a material fact or omit to state a material fact necessary to make
the statements made, in light of the circumstances under which such statements
were made, not misleading with respect to the period covered by this annual
report;

3. Based on my knowledge, the financial statements, and other financial
information included in this annual report, fairly present in all material
respects the financial condition, results of operations and cash flows of the
Registrant as of, and for, the periods presented in this annual report;

4. The Registrant's other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the Registrant and we have:

(a) designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, to ensure that
material information relating to the Registrant, including its consolidated
subsidiaries, is made known to us by others within those entities, particularly
during the period in which this annual report is being prepared;

(b) evaluated the effectiveness of the Registrant's disclosure controls and
procedures and presented in this report our conclusions about the effectiveness
of the disclosure controls and procedures, as of the end of the period covered
by this report based on such evaluation; and

(c) disclosed in this annual report any change in the Registrant's internal
control over financial reporting that occurred during the Registrant's most
recent fiscal quarter that has materially affected, or is reasonably likely to
materially affect, the Registrant's internal control over financial reporting;
and

5. The Registrant's other certifying officer and I have disclosed, based on our
most recent evaluation of internal control over financial reporting, to the
Registrant's auditors and the audit committee of Registrant's board of
directors:

(a) all significant deficiencies and material weaknesses in the design or
operation of internal controls over financial reporting which are reasonably
likely to adversely affect the Registrant's ability to record, process,
summarize and report financial information; and

(b) any fraud, whether or not material, that involves management or other
employees who have a significant role in the Registrant's internal controls over
financial reporting.

Dated: September 14, 2006


/s/ Michael F. Emerson
------------------------------------------
Michael F. Emerson
Chief Executive Officer
(Principal Executive Officer)
Exhibit 32.1


                            CERTIFICATION PURSUANT TO
                               18 U.S.C. ss. 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In connection with the Quarterly Report of Rubicon Medical Corporation (the
"Company") on Form 10-QSB for the period ending September 30, 2003, as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Richard J. Linder, President/Chief Executive Officer of the Company, certify,
pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that, to the best of my knowledge:

         (1)      the Report fully complies with the requirements of Section
                  13(a) or 15(d) of the Securities Exchange Act of 1934; and

         (2)      the information contained in the Report fairly presents, in
                  all material respects, the financial condition and result of
                  operations of the Company.


Dated:  November 13, 2003                    By  /s/ Richard J. Linder
                                             -----------------------------------
                                             Richard J. Linder
                                             President / Chief Executive Officer
                                             (Principal Executive Officer)


A signed original of this written statement required by Section 906 of the
Sarbanes-Oxley Act has been furnished to Rubicon Medical Corporation and will be
retained by Rubicon Medical Corporation and furnished to the Securities and
Exchange Commission or its staff upon request.
EXHIBIT 32.1

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Alliance Distributors Holding Inc., a
Delaware Corporation (the "Company"), on Form 10QSB for the quarter ended
September 30, 2005, as filed with the Securities and Exchange Commission (the
"Report"), Jay Gelman, Chief Executive Officer and Chairman of the Board, does
hereby certify, pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C.
ss. 1350), that to his knowledge:

(1) The Report fully complies with the requirements of section 13(a) or 15(d) of
the Securities Exchange Act of 1934; and

(2) The information contained in the Report fairly presents, in all material
respects, the financial condition and result of operations of the Company.


Date: November 7, 2005

                                          /s/ Jay Gelman
                                          --------------------------------------
                                          Jay Gelman
                                          CEO and Chairman of the Board
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staff profileKaren R Ryberg, Ph.D.
EXHIBIT 32.1

STATEMENT PURSUANT TO 18 U.S.C. §1350

Pursuant to 18 U.S.C. §1350, the undersigned
certifies that this Annual Report on Form 10-K for the period ended December 31, 2007 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that the information contained in this report
fairly presents, in all material respects, the financial condition and results of operations of Infinity Pharmaceuticals, Inc.



|                      |  |  |  |                                                                         
|--------------------- |  |  |  | ------------------------------------------------------------------------
|                      |  | 
|Dated: March 13, 2008 |  |  |  | /s/    STEVEN H.
HOLTZMAN                                               
|                      |  |  |  | Steven H. Holtzman Chief Executive Officer (Principal executive officer)

A signed original of this written statement required by Section 906 has been provided to
Infinity Pharmaceuticals, Inc. and will be retained by Infinity Pharmaceuticals, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.